This article and the regulations prescribed herein shall be known and may be cited as the "Urban Design and Historic Preservation Regulations of the City of Lancaster, South Carolina."

(Code 1991, § 31-321)

The purposes of this article are:

(1)

To protect the beauty of the city and improve the quality of its environment through identification, recognition, conservation, maintenance, and enhancement of:

a.

Areas, sites, structures and fixtures which constitute or reflect distinctive features of the economic, social, cultural, or architectural history of the city; and

b.

Its distinctive physical features;

(2)

To foster appropriate use and widen public knowledge and appreciation of such features, areas, sites, structures, and physical fixtures;

(3)

To resist and restrain environmental influences adverse to such purposes;

(4)

To encourage private efforts in support of such purposes; and

(5)

By furthering such purposes, to promote the public welfare, to strengthen the cultural and educational life of the city and to make the city a more attractive and desirable place in which to live and work.

(Code 1991, § 31-322)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Architectural conservation district means any area designated by the city council in accordance with section 44-559 as an area containing any physical features or improvements, or both, which are of historical, social, cultural, architectural or aesthetic significance to the city and cause such area to constitute a distinctive section of the city.

Demolition means the razing of any exterior architectural feature or structure, including its ruin by neglect of necessary maintenance and repairs, or either.

Exterior architectural feature means the site improvements and general architectural arrangement, or either, of such portion of the exterior of any structure as is designed to be open to view from any public street or way, including, but not limited to, the kind, color, and texture of the building material of such portion so open to view, the type and design of all windows, doors, lights, signs and other fixtures appurtenant to such portion, the location, adequacy and treatment of any vehicular access to such structure and so open to view.

Improvements means any place, structure, building, and fixture or object which in whole or part constitutes a visually significant exterior or interior physical betterment, adornment or enhancement of any real property.

Landmark means any physical feature or improvement designated by the city council in accordance with section 44-559 as a physical feature or improvement which in whole or part has historical, social, cultural, architectural or aesthetic significance to the city and the state, or the region, or the nation and has been in existence for no fewer than 20 years.

Landmark district means any area designated by the city council in accordance with section 44-559 as an area containing any physical features or improvements of architectural, historical, social, cultural or aesthetic significance to the city and the state, the region, or the nation and causes such area to constitute a distinctive section of the city.

Protection area means any area designated by city council in accordance with section 44-559 as an area which is contiguous to and constitutes an essential part of the physical environment of any architectural conservation district, landmark or landmark district, or constitutes an area of significance in fostering good principles of urban design as applied to the city.

Site improvement means all or any of the landscaping, planting, paving, steps, fencing and masonry walls of the site of any structure.

Structure means a structure as defined in article XIV of this chapter, together with any site improvements related thereto.

(Code 1991, § 31-323)

The regulations set forth in this article shall apply to all land areas and improvements thereon, designated herein as DP Design Protection Districts within the city as determined by the official zoning and boundary map of the city.

(Code 1991, § 31-324)

The architectural conservation district, landmark and landmark district as defined herein, designated pursuant to this article and approved by city council are hereinafter collectively identified as DP Design Protection Districts.

(Code 1991, § 31-325)

The most restrictive regulations of this article or any other ordinance or those included in this article shall prevail. However, if the landmarks commission finds it desirable to impose less restrictive requirements than this chapter, such deviation shall be referred to the board of zoning appeals for review as a special exception.

(Code 1991, § 31-326)

(a)

Creation. There is hereby created a board of architectural review pursuant to S.C. Code 1976, §§ 6-29-870 and 6-29-940, which shall be known as the city landmarks commission (herein referred to as the landmarks commission or the commission or the board). The landmarks commission shall serve in an advisory capacity to the city council, the city administrator and the various departments and agencies of the city.

(b)

Purpose. The purposes of the landmarks commission shall be:

(1)

To recommend and advise the city council regarding the designation of landmarks, landmark districts, architectural conservation districts and protection areas.

(2)

To carry out those regulatory duties relating to subsection (b)(1) of this section, as set forth below.

(3)

To plan and direct continuing studies of areas, physical features and improvements in the city relating to urban design, historic preservation, beautification, civic improvement and other considerations in furtherance of this article and, in so doing, to properly coordinate such plans and studies with the various departments and agencies of the city.

(4)

To engage in educational activities related to the furtherance of the purpose of this article in order to promote appropriate urban design, historic preservation and conservation of historic or aesthetic features of the city.

(5)

To recommend, advise, assist, and represent the best interests of the city in matters relating to coordination of and assistance to other public bodies and private interests in activities related to this article.

(6)

To recommend, advise and assist the city council in acquisition of any gift, grant, purchase, request, device, lease, fee simple or lesser interest, development right, easement (including scenic easement), covenant or other contractual right, which may accrue to the furtherance of the purposes of this article.

(c)

Membership.

(1)

The city council shall appoint five regular members to the landmarks commission who have demonstrated their civic interest, general knowledge of the landmarks commission, independent judgment, and availability to prepare for and attend meetings. The city council may, in its discretion, appoint not more than two alternate members to serve on such commission in the absence, for any cause, of any regular members. Such alternate members shall be appointed in the same manner as regular members attending any regular or special meeting of the commission and serving in the absence of any regular member, and shall have and exercise the powers and duties of such regular members so absent. All appointments to the commission shall be for three-year staggered terms. The members of the commission shall regularly attend meetings and public hearings of the commission and shall serve at the pleasure of council without compensation, except for reimbursement for authorized expenses attendant to the performance of their duties.

(2)

No member of the commission may hold any other public office pursuant to S.C. Code 1976, § 6-29-870(c). Any member of the commission who has a financial interest, either directly or indirectly, in any property, which is the subject of, or affected by, a decision of the commission shall be disqualified from participating in the decision of the commission concerning the property. Any member of the commission acting within powers granted by this article shall be relieved from personal liability for any damage and held harmless by the city. Any suit brought against any member of the commission shall be defended by a legal representative furnished by the city until termination of the proceedings.

(d)

Vacancies. Vacancies shall be filled for the unexpired terms only. A vacancy in a term of office shall occur whenever the city council finds that a member has resigned, been removed by council or has not maintained the qualifications required for appointment; or whenever the city council finds that a member:

(1)

Has failed to advance the best interests of the city in matters of the commission.

(2)

Has been guilty of malfeasance or misconduct in office and based upon such finding has removed the member from office.

(3)

The commission shall recommend to the city council the removal for cause of any member which is absent from three consecutive meetings.

(4)

Members serve at the pleasure of city council and may be removed by council without a finding of cause.

(e)

Rules of procedure adopted pursuant to S.C. Code 1976, § 6-29-870 for the city landmarks commission.

(1)

Officers. The officers of the landmarks commission shall be a chairman and vice-chairman elected for one-year terms at the first meeting of the commission in each calendar year. The building official shall serve as the secretary to the commission.

(2)

Chairman. The chairman shall be a voting member of the commission and shall:

a.

Call meetings of the commission;

b.

Preside at meetings and hearings;

c.

Act as spokesperson for the commission;

d.

Sign documents for the commission;

e.

Have orders of the commission served on parties; and

f.

Perform other duties approved by the commission.

(3)

Vice-chairman. The vice-chairman shall exercise the duties of the chairman in the absence, disability, or disqualification of the chairman. In the absence of the chairman and vice-chairman, an acting chairman shall be elected by the members present.

(4)

Secretary. The secretary shall:

a.

Provide and publish notice of appeals and meetings;

b.

Assist the chairman in preparation of the agenda;

c.

Keep records and minutes of meetings and hearings;

d.

Maintain commission records as public records;

e.

Serve written commission decisions on parties;

f.

Attend to commission correspondence; and

g.

Perform other duties normally carried out by a secretary.

(5)

Time and place. An annual schedule of regular meetings shall be adopted and made available at city hall. Special meetings may be called by the chairman upon 24 hours' notice, posted and delivered to all members and local news media. Meetings shall be held at the place stated in the notices and shall be open to the public.

(6)

Agenda. A written agenda shall be furnished by the secretary to each member of the commission and news media and shall be posted at least five days prior to each regular meeting, and at least 24 hours prior to a special meeting. Items may be removed from the agenda or postponed at a meeting by a majority vote.

(7)

Quorum. A majority of members of the commission shall constitute a quorum. A quorum shall be present before any business is conducted other than rescheduling the meeting.

(8)

Rules of order. Robert's Rules of Order shall govern the conduct of the meetings except as otherwise provided by these rules of procedure.

(f)

Records.

(1)

Minutes. The secretary shall record all meetings and hearings of the commission on tape, which shall be preserved until final action is taken on all matters presented. Minutes must record the vote of each member on each question. The secretary shall prepare minutes of each meeting for approval by the commission at the next regular meeting. Minutes shall be maintained as public records.

(2)

Orders and documents. The secretary shall assist in preparation and service of all orders of the commission in appropriate written form. Copies of all notices, correspondence, documentary evidence, orders and forms shall be maintained as public records.

(g)

Amendment. These rules may be amended at any regular meeting of the commission by majority of the members of the commission at least seven days after the written amendment is delivered to all members.

(Code 1991, § 31-327)

(a)

It is the general intent of this article to ensure a proper relationship between appropriate urban design and historic preservation considerations on the one hand and flexibility of design creativity on the other hand. To that end, five protection classifications are hereby created, with the intent that each shall impose a different degree of regulation upon activities related to the intent of this article. Protection classifications are as enumerated below, in descending order of regulatory control.

(1)

Landmark. This classification (see definition) shall be applied to structures, improvements, or physical features, which have historic, architectural, aesthetic, social or cultural significance to the city, the state, the region, or the nation. This classification shall not be applied unless the feature has been in existence for at least 20 years. This classification should be applied to protect such designated landmarks from demolition, encroachment, removal to inappropriate sites or other adverse actions which would endanger those qualities of the feature which impart its value as a landmark. It is anticipated that stringent control criteria would be applied for features given this classification.

(2)

Landmark district. This classification (see definition) is intended to be applied to either of two types of areas: to an area surrounding a landmark in order to protect the landmark, or to an area not containing a landmark, but which, because of a grouping of structures or other features, may be considered of substantial importance such that the district itself constitutes an outstanding and distinctive area worthy of protection. It is not required that any criteria for age of structures be established. It is anticipated that stringent control criteria would be applied within landmark districts.

(3)

Architectural conservation district. This classification (see definition) is intended to be applied to areas which constitute distinctive sections of the city by virtue of groupings of architectural features, distinctive character of the district or distinctive function of the district. This classification should be applied when the intent is to preserve, conserve, or enhance the character, function, or environment of the district as contrasted to preservation of specific structures. It is anticipated that less stringent control criteria would be applied than for the landmark district.

(4)

Protection area. This classification (see definition) is intended to be applied to areas which are less distinctively defined geographically, visually, or physically than landmark districts or architectural conservation districts, but which, nevertheless, constitute essential portions of areas which should be subject to urban design regulations. This classification should be applied in areas where selective control of specified design characteristics and features is desired as a means of protecting the environs of districts which are distinctive in character or function. It is anticipated that minimal control of selected characteristics would be applied in protection areas.

(5)

Historic and natural preservation overlay district. This classification is intended to bring special attention to sites of historic significance without affecting use or design. Regulations set forth in section 44-43(5) shall govern such designations.

(b)

Prior to designation of any landmark, landmark district, architectural conservation district or protection area, the landmarks commission shall submit a report to the city council recommending the location and boundaries of such designation. The report may, in addition, recommend general standards for urban design and historic preservation control and other regulatory criteria consistent with the purpose of this article. Such standards and criteria shall take account of the differences in significance and purpose between landmarks, landmark districts, and protection areas as enumerated in subsection (a) of this section.

(c)

Prior to submission of such recommendations to the city council, the landmarks commission shall confer with the planning commission and other officials, departments or agencies of the city as the landmarks commission may deem appropriate on the relation of the recommendation to the comprehensive plan, this article, projected public improvement and other matters. The landmarks commission may also confer with public agencies other than the city and with appropriate private groups.

(d)

Upon presentation of such recommendation by the landmarks commission, with notice mailed general delivery to the owners of property affected, the city council shall hold a public hearing upon the recommendation, with due notice being given of such hearing in the same manner as for public hearings upon an application for an amendment to this article. Upon completion of the hearing, the city council may act to adopt the recommendations of the landmarks commission or to adopt regulations as it deems appropriate. Challenge to the designation process may be brought before the city council during the public hearing, with any further remedy as may be provided by the courts. Such regulations as are adopted shall incorporate administrative procedures pertinent to the nature of the regulations and to the type of protection designation assigned and may specify conditions under which certificates of design approval may be issued by the staff of the landmarks commission or conditions under which certificates of design approval may be issued only by the landmarks commission after a public hearing.

(Code 1991, § 31-328; Ord. No. O15-05, 5-12-2015)

(a)

No building permit shall be issued for any construction, reconstruction, alteration, repair, or demolition of any structure, erection or replacement of any sign marquee, awning or other exterior architectural feature or attachment of any appurtenance to a landmark or to any structure within a designated landmark district, architectural conservation district or protection area unless a certificate of design approval has been appropriately issued therefor under the terms of the regulations adopted by city council.

(b)

An application for a certificate of design approval must be submitted by the owner of the affected property to the landmarks commission on a form provided by the office of the building official. The owner or owner's agent must be present during any proceedings. When the landmarks commission deems it necessary, in order to pass on a particular proposal in a DP Design Protection District, it may require submission of any or all of the following as part of the application: architectural plans, plot plans, landscaping plans, plans for off-street parking, proposed signs, elevations of proposed structures and all such existing structures as are within 500 feet of the proposed structure and are substantially related to it visually or by reason of function, traffic generation or other characteristics.

(c)

In its review of material submitted with applications for approval, the commission shall examine the architectural design, the exterior surface treatment, the arrangement and location of buildings and structures on the site in question and their relation to other buildings and structures within the district involved, and other pertinent factors affecting the appearance and efficient functioning of the district. In the DP Design Protection District, the commission shall not approve any proposed building or structure separately or in relation to its premises as proposed to be arranged, landscaped, or used which would adversely affect the primary character of the district involved or the setting of public or quasi-public historical buildings or landmarks on which public or private monies have been, or are proposed to be, spent. The commission may use the publication "Secretary of the Interior's Standards for Rehabilitation of Historic Properties" as a general standard for design review. The commission shall endeavor to assure that the exterior appearance and arrangement of buildings, structures and premises in these districts will:

(1)

Enhance the attractiveness and functioning of each district in keeping with its purpose and intent.

(2)

Encourage the orderly and harmonious development of each district.

(3)

Enhance and protect the public and private investment and general value of lands and improvements within the district.

(d)

The commission shall, within 30 days after notification by the building official of the filing of an application for a permit to demolish any building in a DP Design Protection District, in whole or in part, hold a public hearing upon each application. At least 15 days' notice of the time and place of each such hearing shall be given by the commission secretary as follows:

(1)

In writing to the owner/applicant.

(2)

By application in the form of an advertisement in a newspaper of general circulation within the city.

(3)

In issuing a certificate of design approval upon an application to demolish in part, or remove, or alter the exterior architectural appearance of any existing structure in a DP Design Protection District, the landmarks commission review 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 of such structure to its surroundings. The landmarks commission may call on the building official to provide it with a report on the state of repair and structural stability of the property under consideration.

(4)

Within the period of postponement of such demolition in whole or in part, pursuant to subsection (h) of this section, or alteration of any building, the landmarks commission shall take steps to ascertain what the city council can do to preserve such building, including consultations with private or civic groups, interested private citizens, and other public boards or agencies and including the investigation of the potential use of the power of eminent domain when the preservation of a given building is clearly in the interests of the general welfare of the community and of certain historical and architectural significance. The landmarks commission shall then make its recommendations to the city council.

(e)

In issuing a certificate of design approval upon an application for new construction in the DP Design Protection District, the landmarks commission review shall consider, among other things, the general design, the character and appropriateness of design, scale of buildings, arrangement, texture, materials and color of the structure in question, and the relation of such elements to similar features of structures in the immediate surroundings.

(f)

The landmarks commission review shall not consider interior arrangement or interior design; nor shall it make requirements except for the purpose of preventing developments which are not in harmony with the prevailing character of the DP Design Protection District, or which are obviously incongruous with its character. Should the application indicate alterations, remodeling or repairs not changing the exterior appearance, the building official may exempt the application from the provisions of this article.

(g)

The landmarks commission may refuse a certificate of design approval for the erection, reconstruction, alteration, demolition, partial demolition, or removal of any structure in the DP Design Protection Districts, which in the opinion of the commission would be detrimental to the interests of the DP Design Protection District and against the public interests of the city.

(h)

Upon receiving an application concerning a building or structure within a DP Design Protection District, the landmarks commission shall, within 45 days after receipt of the application, either approve or disapprove such application, or find that the preservation and protection of historic places and the public interest will best be served by postponing the demolition, construction or alteration for a designated period, which shall not exceed 180 days from the receipt of the application, and notify the applicant of such postponement.

(i)

In case of disapproval of an application, the secretary to the commission will forward written notification to the applicant and will provide reasons for disapproval as determined by the commission. Although general guidance may be provided concerning exterior renovations, alterations and new construction, the commission cannot impose a design of their choosing upon an applicant.

(j)

Among other grounds for considering a design inappropriate and requiring disapproval and resubmission are the following defects: arresting and spectacular effects, violent contrasts of materials or colors and intense or lurid colors, a multiplicity of incongruity of details resulting in a restless or disturbing appearance, and the absence of unity and dignity and character of the present structure in the case of repair, remodeling or enlargement of an existing building or with the prevailing character of the neighborhood in the case of a new building.

(k)

Upon approval of the plans or the granting of a permit, the landmarks commission shall transmit a report to the building official stating the basis upon which such approval was made and cause a certificate of design approval to be issued to the applicant. If the landmarks commission shall fail to take final action upon any case within 45 days after receipt of the application, the application shall be deemed to be disapproved, and the applicant so advised, except where mutual agreement has been made for an extension of the time limit. Consideration for a demonstrated substantial economic hardship will be heard in the same manner as an administrative appeal. Economic hardships cannot be allowed as a basis for review until an application is rejected for noncompliance with the design guidelines.

(l)

When a certificate of design approval has been issued, the building official shall, from time to time, inspect the alteration or construction approved by such certificate and shall make a periodic report of such inspections to the landmarks commission listing all work inspected and any work not in accordance with such certificate or violating any city ordinance.

(Code 1991, § 31-329; Ord. No. O15-05, 5-12-2015)

(a)

Form of appeal. Appeals from administrative decisions of this article and applications for variances from this article shall be filed on forms approved by the commission and provided to applicants by the secretary. Fees for administrative appeals shall be established and from time to time modified by action of city council. Failure on the part of an applicant to submit adequate information in a written appeal may be grounds for dismissal. An application filed by an agent shall be accompanied by written designation of the agent signed by the applicant or party of interest. The property owner's written acknowledgement and agreement to an application will be required in the event the applicant is not the property owner. Appeals from this article shall be heard by the landmarks commission concerning interpretation, administration or actions of the staff of the landmarks commission, made by any person aggrieved by an officer, department, board or bureau of the city.

(b)

Time of appeal. An appeal from an administrative decision must be filed within 15 days after actual notice of the decision by delivery of the approved appeal form to the secretary of the commission, who shall notify the official appealed from.

(c)

Calendar. Appeals and applications shall be marked with the date of receipt and placed on the hearing calendar in the order in which received. Appeals shall be heard in the order on the calendar unless otherwise set by the commission for good cause shown.

(d)

Withdrawal of appeal. Any appeal or application may be withdrawn by written notice delivered to the secretary prior to action by the commission. An appeal from an administrative decision, which is withdrawn, may not be re-filed after the 15-day time for appeal has expired. Withdrawn applications for variances may be re-filed after six months and shall be placed on the calendar according to the date re-filed.

(e)

Continuances. The hearing of an appeal or application may be continued one time by the commission for good cause shown.

(f)

Notice. Public notice of a hearing of the commission shall be published in a local newspaper and posted on or adjacent to the property affected at least 15 days prior to the public hearing. The newspaper notice shall contain a description of each matter to be heard and identify the applicant and property affected.

(Code 1991, § 31-330; Ord. No. O15-05, 5-12-2015)

(a)

Appearances. The applicant or any party in interest may appear in person or by agent or attorney. The commission may postpone or proceed to dispose of a matter on the records before it in the absence of an appearance on behalf of the applicant.

(b)

Witness. Parties in interest may present testimony under oath. Witnesses may be compelled to attend by subpoena requested at least ten days prior to a hearing and signed by the chairman. The commission may call its own witnesses when deemed appropriate.

(c)

Cross examination. No party shall have the right to cross examine witnesses; however, the opportunity to examine opposing witnesses may be freely extended when conducted in an orderly manner. Intimidation of witnesses will not be tolerated.

(d)

Evidence. Relevant documents, photographs, maps, plans, drawings, etc., will be received in the record without authentication in the form of legible copies. Relevant testimony, which is not cumulative or hearsay, will be received. The chairman will rule on all evidentiary matters. Evidence may be placed in the record with an objection noted.

(e)

Conduct of hearing. The normal order of hearing, subject to modification by the chairman, shall be:

(1)

Statement of matter to be heard (chairman or secretary);

(2)

Presentation by applicant (five-minute limit);

(3)

Presentation by official appealed (five-minute limit);

(4)

Presentation by opponents (five-minute limit);

(5)

Rebuttal by applicant (three-minute limit);

(6)

Un-sworn public comment when appropriate;

(7)

The commission may question participants at any point in the hearing;

(8)

Matters in which additional time is granted may be moved to the end of the agenda.

(f)

Disposition. The commission may deliberate and make a final disposition of a matter by majority vote of members present at the hearing and qualified to vote; provided that not less than a quorum are qualified to vote. The vote may be taken at the same or a subsequent meeting. A member may not vote on a matter which the member has not heard. Deliberations shall be conducted, and votes taken in public.

(g)

Form of order. An order shall be issued disposing of a matter by granting or denying relief with such conditions as may be deemed necessary; or affirming, modifying, or reversing an administrative decision. A matter may be dismissed for lack of jurisdiction or prosecution. Findings of fact and conclusions of law shall be separately stated in the order.

(h)

Service of order. The secretary shall deliver a copy of an order to each party in interest by certified mail immediately upon execution of the order by the chairman.

(i)

Rehearing. The commission may grant a rehearing of an application, which has been dismissed or denied, upon written request filed with the secretary within 15 days after delivery of the order accompanied by new evidence, which could not reasonably have been presented at the hearing, or evidence of a clerical error or mutual mistake of fact affecting the outcome. No additional fees will be incurred by an applicant because of a re-hearing.

(j)

Writ of certiorari. Appeals from the interpretation, administration or action of the landmarks commission shall be subject to review by the circuit court of the county by proceedings in the nature of certiorari. Any petition for a writ of certiorari shall be filed with the clerk of court within 30 days after a written copy of the commission's decision has been filed with the building official, or after a written copy thereof is delivered to every aggrieved party who has filed a written request for such copy with the secretary or chairman of the commission at the time of its hearing of the case, whichever is later. The decision of the commission may be delivered to the aggrieved party either by personal service or by certified mail, return receipt requested.

(k)

Notice of appeal stays proceedings. A notice of appeal stays all proceedings in furtherance of the action appealed from, unless the landmarks commission, from whom the appeal is taken, certifies that, by reasons of facts stated in the certificate, a stay would, in its opinion, cause imminent peril of life, or imminent damage or destruction of property, in which case proceedings shall not be stayed other than by a restraining order which may be granted by a court of competent jurisdiction on application that due cause is shown.

(Code 1991, § 31-331; Ord. No. O15-05, 5-12-2015)

(a)

Any person who engages in any action for which a certificate of design approval is required when such certificate is not in effect shall be in violation of this article and shall be guilty of a misdemeanor. Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be punished as provided in section 34-7, and in addition shall pay all costs and expenses involved in the case. The owner or tenant of any building, structure, premises or part thereof, and any architect, surveyor, building, engineer, contractor, agent or other person who commits, participates in, assists in or maintains such violations may each be found guilty of a separate offense and suffer the penalties herein provided. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

(b)

Upon petition of the commission, the city attorney may restrain any construction, reconstruction, restoration, erection, replacement, alteration or demolition in violation of this article and direct such reconstruction or restoration as may be necessary or desirable to redress any alteration or demolition undertaken in violation of this article.

(Code 1991, § 31-332; Ord. No. O15-05, 5-12-2015)