Hilton Head Island City Zoning Code
CHAPTER 16
9: - Disaster Recovery
Sec.16-9-101.- Emergency Permitting
A. Purpose
1.
There are a significant number of structures within the Town that are nonconformities. In the event of a natural disaster, it is impractical to require all of these nonconforming structures to rebuild in a way that conforms to all the procedures and standards of this Ordinance. Furthermore, the Town's economy depends on the ability of all landowners to be able to repair, reconstruct, or rebuild existing structures and become operational as quickly as possible following a natural disaster.
2.
The purpose of this chapter is to allow a landowner to obtain development approval to repair, reconstruct, or rebuild any structure that is damaged or destroyed as a direct result of a natural disaster to the state or condition that existed prior to the disaster without the necessity of a full review as is normally required under this Ordinance, and that may otherwise be required under Chapter 16-2: Administration.
3.
Any application to repair, reconstruct or rebuild a structure that does not comply with the following procedures shall only be reviewed and acted on in accordance with all applicable provisions of this Ordinance.
1.
This chapter shall apply in all cases where any structure is damaged or destroyed as a direct result of any event that has been declared a State of Emergency due to a disaster, as defined in Sec. 16-10-105, General Definitions, by the Mayor in accordance with Title 7, Chapter 7 (State of Emergency) of the Municipal Code.
2.
In such cases, this chapter takes precedence over Chapter 16-7: Nonconformities. Damage to or destruction of any structure by any other means shall be repaired, reconstructed, or rebuilt only in accordance with all relevant procedures and standards of this Ordinance.
1.
The provisions in this chapter shall not be construed or enforced to deprive an owner of a dwelling unit within a horizontal property regime from rebuilding in the event the members of the regime vote for and fully fund, through insurance or otherwise, the total restoration of the development of which the dwelling unit is a part.
2.
The Town shall require a surety in accordance with the requirements of this Ordinance to insure full performance of the restoration project when regime insurance is not sufficient to fully cover the costs of reconstruction.
D. Placards and Safety Assessment
1.
Following a disaster, the Town will perform a safety assessment to determine the safety of structures that sustained damage or were destroyed as a result of the disaster. When the safety assessment is complete, each structure will receive a placard informing the owner about the safety of the structure. The following placards will be issued following a safety assessment:
a.
Green Placard means Inspected—Lawful Occupancy Permitted.
b.
Yellow Placard means Restricted Use.
c.
Red Placard means Unsafe—Do Not Enter or Occupy.
E. Planning Review Not Required
1. Planning Review Not Required
a.
Any structure that sustains damage as a direct result of a disaster and receives a green placard after a safety assessment may be repaired to the state or condition that existed prior to the disaster without the necessity of obtaining a development approval or permit. The repair work shall be completed within 18 months of the date the Mayor declares the Town is ready to begin receiving applications for permits after the declared disaster.
b.
If a structure receives a green placard after a safety assessment and the repair is delayed through litigation or other cause beyond the control of the owner, the time of such delay due to litigation or other cause beyond the control of the owner shall not be considered when computing the 18-month period for the repair work.
c.
Owners who want to repair or rebuild damaged structures who cannot or do not comply with the time period requirements for repair work set forth in subparagraphs a and b above, shall comply with all relevant procedures and standards of this Ordinance in repairing or rebuilding a structure.
F. Planning Emergency Permitting
In order to be reviewed under the remaining sections of this chapter a structure that sustains damage or is destroyed as a direct result of a disaster shall:
1.
Receive a yellow or red placard and require an emergency construction building permit after a safety assessment.
2.
Be repaired, reconstructed, or rebuilt to the state or condition that existed prior to the disaster.
G. Planning Emergency Permitting Application
The planning emergency permitting application shall be submitted within six months of the date the Mayor declares the Town is ready to begin receiving applications for permits. At its discretion, the Town Council may extend the application submittal period by resolution.
H. Planning Emergency Permitting Affidavit
1.
A planning emergency permitting affidavit shall be submitted as part of the planning emergency permitting application. The affidavit shall be signed by the owner of record and notarized.
2.
It shall state that all structures are being built back to the height and density that legally existed prior to the disaster.
3.
If any local, State, or federal regulations require changes to the structure with regard to height or square footage, the affidavit will allow the owner to build back with changes to comply with the local, State, or federal regulations.
Any single-family dwelling unit that sustains damage or is destroyed as a direct result of a disaster may be repaired or reconstructed in accordance with this chapter on approval of a planning emergency permitting application in accordance with Sec. 16-9-101.G. The application shall include such information and documentation as may be reasonably required by the Official, including all the following items:
a.
If the structure sustains damage amounting to less than 50% of the fair market value:
i.
A planning emergency permitting affidavit as described in Sec. 16-9-101.H.
ii.
Elevation drawings previously approved by the Town or the County showing the height of all four elevations of all structures on the site prior to the disaster or pre-disaster photos showing all four sides of each structure on the property.
iii.
Pre-disaster photos of the entire property layout including front, rear, and side yards.
b.
If the structure sustains damage amounting to 50% or more of the fair market value:
i.
A planning emergency permitting affidavit in accordance with Sec. 16-9-101.H; and
ii.
Two copies of an as-built survey.
a.
In repairing a structure in accordance with this section, the requirements of Title 15 (Building and Building Codes) of the Municipal Code shall be met.
b.
For applicants who cannot meet the requirements of paragraph 1 above, and for all applicants who do not meet the time period set forth by Sec. 16-9-101.G, Planning Emergency Permitting, any repair, reconstruction, or rebuilding that occurs must comply with all requirements of this Ordinance.
J. Non-Single-Family Structures
a.
Any structure, other than a single-family dwelling unit that sustains damage or is destroyed as a direct result of a disaster may be repaired or reconstructed in accordance with this chapter on approval of a planning emergency permitting application in accordance with Sec. 16-9-101.G. The application shall include such information and documentation as may be reasonably required by the Official, including all the following items:
i.
A planning emergency permitting affidavit as described in Sec. 16-9-101.H.
ii.
An approved Development Plan and two copies of all approved plans, or two copies of an as-built survey.
b.
If the property is located within the Corridor Overlay District, two copies of building elevation drawings previously approved by the Town or the County showing all four elevations of all structures on the site prior to the disaster or pre-disaster photos showing all four sides of each structure on the property and the entire property layout including street, adjacent use, wetland and OCRM Beachfront Baseline buffer areas.
a.
In repairing a structure in accordance with this section, the requirements of Title 15 (Building and Building Codes) of the Municipal Code shall be met.
b.
For applicants who cannot meet the requirements of paragraph 1 above and for all applicants who do not meet the time period set forth by Sec. 16-9-101.G, Planning Emergency Permitting, any repair, reconstruction, or rebuilding that occurs shall comply with all relevant procedures and standards of this Ordinance.
Manufactured homes that are damaged or destroyed may be repaired, replaced, or changed to stick built construction in accordance with the following requirements:
1.
If the structure receives a green placard after a safety assessment in accordance with Sec. 16-9-101.D, Placards and Safety Assessment, the structure may be repaired in accordance with Sec. 16-9-101.E, Planning Review Not Required.
2.
If the structure receives a yellow or red placard after safety assessment, the structure may be repaired, replaced, or changed to stick built construction.
3.
In repairing a structure in accordance with this section, the requirements of Title 15 (Building and Building Codes) of the Municipal Code shall be met.
4.
The structure may be replaced using the current replacement application and procedures followed by the Town of Hilton Head Island and Beaufort County, South Carolina.
5.
The structure may be removed and a stick built home may be constructed in accordance with the current requirements of this Ordinance. (This would be considered a change to the existing condition; therefore, the benefits of Sec. 16-9-101.I, Single-Family Dwelling, would not apply.)
L. Landscape and Tree Standards
Properties that sustain damage or are destroyed as a direct result of a disaster shall be required to comply with the requirements of Chapter 16-6: Natural Resource Protection, for tree coverage, and comply with an approved landscape plan. The timeframe for meeting this requirement shall be extended to three years, with one third of the required planting to be done in each of the three years. The three-year time period shall begin when the property is issued a Certificate of Compliance by the Town.
M. Applications Under Review at the Time of a Disaster
1. Applications Acted on by the Official
All applications for development, subdivision, or other development approvals or permits that are reviewed and acted on by the Official and are submitted during or are in progress at the time of a State of Emergency due to a disaster declaration by the Mayor shall be suspended for such time as the Official deems necessary, provided that such suspension shall not exceed 18 months. The time frames established for reviews as set forth elsewhere in this Ordinance shall be suspended during this period. All such applications shall be reviewed and acted on based on the provisions of this Ordinance in effect at the time the application was deemed complete.
2. Applications Acted on by a Board, Commission or Council
All applications for development approvals or permits that are reviewed and acted on by the Design Review Board, the Board of Zoning Appeals, the Planning Commission, or the Town Council and are submitted during or are in progress at the time of a State of Emergency due to a disaster declaration by the Mayor shall be suspended until such time that the Design Review Board, Board of Zoning Appeals, Planning Commission, or Town Council can reasonably schedule any required public hearing(s) and meetings to review and act on such applications, provided that such suspension shall not exceed 18 months. All such applications shall be reviewed and acted on based on the provisions of this Ordinance in effect at the time the application was deemed complete.
Sec.16-9-102. - Temporary Units for Damaged or Destroyed Single-Family Dwelling Units
A. Purpose
The purpose of this section is to allow owners of single-family dwelling units to place a temporary dwelling on the property where the damaged or destroyed dwelling unit is located, while the existing single-family dwelling is being repaired or rebuilt.
1.
This section shall apply in all cases where any single-family dwelling unit is damaged or destroyed as a direct result of any event that has been declared a State of Emergency due to a disaster, as defined in Sec. 16-10-105, General Definitions, by the Mayor in accordance with Title 7, Chapter 7 (State of Emergency) of the Municipal Code. In such cases where the provisions of this section conflict with other LMO provisions, the provisions of this section control.
2.
These provisions shall be in effect for six months from the date the Mayor declares the Town is ready to begin receiving applications for permits. At its discretion, Town Council may extend this time period by resolution.
1.
The owner of the single-family dwelling unit shall place the temporary dwelling within the legal limits of the property where the damaged or destroyed single-family dwelling unit is located.
2.
Each single-family property is limited to one temporary dwelling.
3.
The temporary dwelling shall be travel ready.
4.
Basic sanitation facilities shall be in place prior to placement of the temporary dwelling on the property.
5.
The location of the temporary dwelling shall comply with health and safety regulations as stated by the Building Official and the Fire Marshal.
Sec.16-9-103. - Temporary Nonresidential Units for Damaged or Destroyed Nonresidential Development
A. Purpose
The purpose of this section is to allow permitted nonresidential development to place a temporary nonresidential unit on the property where the damaged or destroyed nonresidential development is located, while the existing nonresidential development is being repaired or rebuilt.
1.
This section shall apply in all cases where any nonresidential development is damaged or destroyed as a direct result of any event that has been declared a State of Emergency due to a disaster, as defined in Sec. 16-10-105, General Definitions, by the Mayor in accordance with Title 7, Chapter 7 (State of Emergency) of the Municipal Code. In such cases where the provisions of this section conflict with other LMO provisions, the provisions of this section control.
2.
These provisions shall be in effect for six months from the date the Mayor declares the Town is ready to begin receiving applications for permits. At its discretion, Town Council may extend this time period by resolution.
1.
Nonresidential development shall place temporary unit(s) on the property where the damaged or destroyed nonresidential development is located.
2.
Temporary nonresidential units shall be travel ready.
3.
Basic sanitation facilities shall be in place prior to placement of the temporary nonresidential units.
4.
The location of the temporary nonresidential units shall comply with health and safety regulations as stated by the Building Official and the Fire Marshal.