Mount Pleasant City Zoning Code
SUBCHAPTER J
REVIEWING AND DECISION-MAKING BODIES
§ 156.1390 PURPOSE.
(A) This subchapter formally establishes commissions, boards, and administrative officials, or recognizes existing commissions, boards, or administrative officials, that administer this chapter.
(B) This subchapter establishes the composition of those reviewing and decision-making bodies, their jurisdiction, and related administrative matters.
(Ord. passed 1-14-25)
§ 156.1395 DIRECTOR OF PLANNING, LAND USE, AND NEIGHBORHOODS.
In addition to the duties specified in § 31.081, the Director of Planning, Land Use, and Neighborhoods has the following duties in the administration and enforcement of this chapter:
(A) Advise applicants for permits concerning the provisions of Chapter 156 and assist applicants in preparing applications;
(B) Receive, file, and forward to the Planning Commission all complete applications that require its review, pursuant to Subchapter I;
(C) Provide public notice as required by Subchapter I;
(D) Perform field inspections for individual applications to verify compliance with this chapter;
(E) Provide public information relative to this chapter;
(F) Maintain permanent and current records of matters pertaining to this chapter, including:
(1) All original and current zoning maps;
(2) Zoning Code text and map amendments; and
(3) Comprehensive Plan text and Future Land Use map amendments.
(G) Execute any and all reports as the Town Council may require; and
(H) Coordinate with other town departments and outside agencies as needed in the execution of these duties.
(Ord. passed 1-14-25)
§ 156.1396 ZONING ADMINISTRATOR.
(A) As specified in § 31.081, the Zoning Administrator shall be the Director of Planning, Land Use, and Neighborhoods, unless the Director specifically designates another individual, in writing, to act as same.
(B) The Zoning Administrator has the following specific duties in the administration and enforcement of this chapter:
(1) Advise applicants for permits concerning the provisions of Chapter 156 and assist applicants in preparing applications;
(2) Receive, review, and act on zoning permit applications (see Subchapter I, Part 7);
(3) Receive, file, and forward to the Board of Zoning Appeals all complete applications that require its review, pursuant to Subchapter I;
(4) Receive, file, and forward to the Design Review Board all complete applications that require its review, pursuant to Subchapter I;
(5) Receive, file, and forward to the Historic District Preservation Commission all complete applications that require its review, pursuant to Subchapter I: Procedures;
(6) Coordinate the activities of the Historical Commission (see Subchapter J, Part 3, Subpart 3.6);
(7) Review applications for building permits, as needed, to verify compliance with the Zoning Code;
(8) Develop interpretations of ambiguities in this chapter and other issues in accordance with Subchapter I, Part 16;
(9) Provide public notice as required by Subchapter I;
(10) Provide public information relative to this chapter;
(11) Conduct inspections and perform field inspections as needed for individual applications to verify compliance with this chapter;
(12) Maintain permanent and current records and files of any and all matters referred to them;
(13) Execute any and all reports as the Town Council may require;
(14) Investigate Zoning Code violations; issue citations, warnings, or notices where such violations exist; follow up on violations until the situation has been properly remedied; and attend court hearings and testify concerning Zoning Code violations;
(15) As appropriate, report to the Town Council any violation or proposed violation of the Zoning Code;
(16) Order discontinuances of illegal use of land, buildings, or structures; removal of illegal buildings or structures of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions (see Subchapter L);
(17) Coordinate with other town departments and outside agencies as needed in the execution of these duties; and
(18) Other general requirements the town deems necessary to administer this chapter.
(C) It shall also be the duty of all officers and employees of the town to assist the Zoning Administrator by reporting to them new construction or new land uses and apparent violations of this chapter.
(Ord. passed 1-14-25)
§ 156.1405 DIRECTOR OF THE ENGINEERING AND DEVELOPMENT SERVICES DEPARTMENT.
The Director of the Engineering and Development Services Department has the following duties in the administration and enforcement of this chapter:
(A) Designate a Program Manager for the Technical Review and Code Compliance procedure; and
(B) Review for compliance with intersection sight distance requirements any application referred by the PLAN Director or Zoning Administrator.
(Ord. passed 1-14-25)
§ 156.1406 DEPUTY DIRECTOR OF THE ENGINEERING AND ENVIRONMENTAL DIVISION.
The Deputy Director of the Engineering and Environmental Division of the Engineering and Development Services Department has the following duties in the administration and enforcement of this chapter:
(A) Administer the tree protection regulations in Subchapter E for detached house dwellings;
(B) Review proposals to redesignate critical area buffers on existing lots (see § 156.622);
(C) Review proposals to establish new critical area buffer vision corridors (see § 156.626); and
(D) Participate on the Technical Review and Code Compliance Team and/or designate one or more staff members to serve on the TRCC.
(Ord. passed 1-14-25)
§ 156.1415 COMPOSITION.
(A) Staff members.
(1) Technical Review and Code Compliance (TRCC) is administered by the Design Review Team (DRT) which may be composed of staff members from the following departments:
(a) Department of Planning, Land Use, and Neighborhoods;
(b) Engineering and Development Services Department;
(c) Fire Department;
(d) Police Department; and
(e) Public Services Department.
(2) Staff from other departments or outside agencies may be consulted on a case-by-case basis, depending on the complexity of the proposed project.
(B) Program Manager.
(1) The Director of the Engineering and Development Services Department shall designate a Program Manager.
(2) The Program Manager:
(a) Reviews incoming DRB and Planning Commission applications to determine which qualify for TRCC review; and
(b) Coordinates the DRT members and TRCC review process.
(Ord. passed 1-14-25)
§ 156.1416 MEETINGS.
The DRT meets for TRCC on a monthly or as-needed basis.
(Ord. passed 1-14-25)
§ 156.1417 POWERS AND DUTIES.
(A) The TRCC process reviews all:
(1) Design review applications (see Subchapter I, Part 12); and
(2) Sketch plan applications (see § 155.021).
(B) The TRCC determines whether applications and associated development plans comply with the town Code of Ordinances.
(C) As part of the TRCC review process, the DRT provides comments to applicants and may require changes to submitted applications and plans to ensure compliance with town ordinances.
(D) Following TRCC review, the DRT forwards complete applications to the Design Review Board or Planning Commission, as applicable. The DRT does not forward an application unless it fully complies with minimum code requirements.
(E) TRCC does not approve or disapprove applications or development plans. As such, the TRCC review process does not confer vested rights for any application.
(Ord. passed 1-14-25)
§ 156.1430 APPLICABILITY.
This subpart applies to the Planning Commission, Board of Zoning Appeals, Design Review Board, Historic District Preservation Commission, and Historical Commission.
(Ord. passed 1-14-25)
§ 156.1431 TERM OF OFFICE.
(A) Term length.
(1) Unless otherwise specified in this subchapter, all seats on all appointed boards and commissions have a three year term.
(2) Terms begin on the date of appointment. Members shall assume their duties at the first regular meeting after their appointment.
(3) Each member shall serve until Town Council appoints their successor.
(B) Number of terms. Each person appointed may serve up to three consecutive terms on a particular board or commission.
(C) Term expiration. Upon the expiration of a term, the Town Council shall act promptly to make appointments in order to avoid vacant seats, the continued service of members with expired terms, or the clustering of more than three term expirations on any one board or commission in a given year.
(D) Implementation of new terms.
(1) The Zoning Code revision in 2025 implemented universal three-year terms. To implement this change, each current board or commission member serves the remainder of their current term. The three-year term commences with each subsequent appointment or reappointment.
(2) Each member may serve up to three consecutive terms on a particular board or commission, regardless of the number of years in each term.
(Ord. passed 1-14-25)
§ 156.1432 ATTENDANCE, REMOVAL, AND VACANCIES.
(A) Attendance.
(1) Members that have served less than one year of their appointed term shall attend at least 75% of all called meetings. This is measured on the first of every month for the preceding year. Attendance at fewer than 75% of meetings is cause for removal.
(2) Members that have served one year or more of their appointed term may be absent from up to four called meetings per year on a 12-month rolling basis. The fifth absence is cause for removal.
(B) Removal.
(1) Any member of a board or commission may be removed by the Town Council or Town Administrator, as specified below, for just cause. Neglect of duty, no longer being a resident of the town, or misconduct in office constitutes just cause.
(2) If removal for cause, except due to attendance, appears imminent, the Chairperson of the respective board or commission shall contact the member and ascertain whether removal should be considered by the Town Council. The Chairperson shall then make a recommendation to Council, prior to Council action on the matter.
(3) If removal due to attendance is necessary, the Town Administrator shall remove the member from the board or commission prior to the next scheduled meeting and shall notify Town Council.
(C) Vacancies.
(1) A vacancy in the term of office occurs whenever a member resigns, is unable to serve for any reason, or is removed in accordance with the provisions of this section.
(2) Any vacancy in the membership shall be filled, as soon as may reasonably be accomplished by the Town Council, in the same manner as the original appointment.
(3) Members appointed to fill a vacancy shall serve a full three-year term, as specified in § 156.1431, regardless of the amount of time left in the previous member’s term.
(Ord. passed 1-14-25)
§ 156.1433 CHAIRPERSONS, VICE-CHAIRPERSONS, AND SECRETARIES.
(A) Chairpersons and vice-chairpersons.
(1) At the first regular meeting of each calendar year, each board or commission shall elect a Chairperson and Vice-Chairperson by secret ballot.
(2) The term of office of the Chairperson and Vice-Chairperson is a period of one year.
(3) If a vacancy occurs in an office prior to the expiration of the full term, another election to fill the remainder of the term of office shall be conducted at the first meeting thereafter.
(4) The Chairperson shall be a voting member and shall:
(a) Call special meetings;
(b) Preside at meetings and hearings;
(c) Swear in witnesses when applicable;
(d) Act as spokesperson for the board or commission; and
(e) Perform other duties approved by the board or commission.
(5) The Vice-Chairperson shall exercise the duties of the Chairperson in the absence, disability, or disqualification of the Chairperson.
(6) In the absence of the Chairperson and Vice-Chairperson, the members present shall elect an acting Chairperson.
(B) Secretaries.
(1) The PLAN Director shall designate staff members of the Planning, Land Use, and Neighborhoods Department to serve as Secretary and Recording Secretary of each board or commission.
(2) The Secretary shall:
(a) Coordinate with board/commission members to schedule meetings;
(b) Provide proper notice for all meetings;
(c) Create meeting agendas;
(d) Distribute meeting materials;
(e) See that the property involved is properly posted, as applicable;
(f) Serve board or commission decisions on parties, as applicable;
(g) Maintain records of the board’s or commission’s actions as a public record;
(h) Attend to board or commission correspondence;
(i) Advise the board/commission as needed; and
(j) Undertake other duties as specified in the board’s or commission’s rules of procedure.
(3) The Recording Secretary shall:
(a) Keep minutes of the board’s or commission’s proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact;
(b) Assist with meeting room setup;
(c) Ensure recording and audio/video equipment are available and set up as needed;
(d) Serve as support staff to the Secretary; and
(e) Other duties as specified in the board’s or commission’s rules of procedure.
(Ord. passed 1-14-25)
§ 156.1434 MEETINGS AND QUORUMS.
(A) Meetings of each board or commission shall be held regularly, as specified on the annual meeting schedule, at the call of the Chairperson, and at such other times as the Chairperson or board/commission determine.
(B) All meetings of the board or commission shall be open to the public.
(C) Public notice for all board and commission meetings shall be provided in accordance with the requirements outlined in S.C. Code, Title 30, Chapter 4, also known as the Freedom of Information Act, and S.C. Code Title 6, Chapter 29, also known as the South Carolina Local Government Comprehensive Planning Enabling Act of 1994.
(D) A majority of the members appointed and currently serving constitute a quorum for conducting business, including members who have recused themselves for conflict of interest, pursuant to S.C. Code § 8-13-700(B). In no case shall a quorum exist if the number of members currently serving on the board or commission is less than the minimum number of members allowable under applicable state law.
(E) Decisions shall be made by a majority vote of a quorum of members.
(Ord. passed 1-14-25)
§ 156.1435 RULES OF PROCEDURE.
(A) Each board and commission shall adopt rules of procedure at its first meeting of each calendar year.
(B) Rules of procedure for each board and commission are available on the town’s website.
(C) Robert's Rules of Order governs the conduct of meetings, except as otherwise provided by the board’s or commission’s rules of procedure.
(Ord. passed 1-14-25)
§ 156.1436 LIABILITY OF MEMBERS.
(A) Any member of a board or commission acting within the powers granted by this subchapter is relieved from all personal liability for any damage and shall be held harmless by the town.
(B) Any suit brought against any member of a board or commission within their official capacity shall be defended by a legal representative furnished by the town until the termination of the procedure.
(Ord. passed 1-14-25)
§ 156.1445 ESTABLISHMENT AND MEMBERSHIP OF THE PLANNING COMMISSION.
(A) Establishment. Pursuant to S.C. Code §§ 6-29-310 et seq., this part establishes a Planning Commission, composed of nine members appointed by the Mayor and Town Council.
(B) Membership.
(1) It is the declared policy of the Town Council that it will consider and appoint only those persons who:
(a) Are residents of the town and have been so for a period of at least one year prior to the appointment; and
(b) Have demonstrated their professional expertise, knowledge of the community, and concern for the future welfare of the total community and its citizens.
(2) Members shall represent a broad cross-section of interests and concerns within the town.
(3) Members of the Commission shall:
(a) Regularly attend meetings and public hearings of the Commission; and
(b) Serve without compensation, except for reimbursement for authorized expenses related to the performance of their duties.
(4) While serving on the Commission, a member shall not hold any public office or position in the Town of Mount Pleasant or Charleston County.
(Ord. passed 1-14-25)
§ 156.1446 POWERS AND DUTIES.
(A) The Planning Commission has all the powers, duties, and responsibilities as set forth herein and in S.C. Code §§ 6-29-310 et seq.
(B) It is the function and duty of the Planning Commission to undertake a continuing planning program for the physical, social, and economic growth, development, and redevelopment of the area within its jurisdiction.
(1) 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.
(2) 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.
(3) The Planning Commission may make, publish, and distribute maps, plans, and reports and recommendations relating to the plans and programs and the development of this area of jurisdiction to public officials and agencies, public utility companies, civic, educational, professional, and other organizations and citizens.
(4) 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.
(5) The Planning Commission, its members, and its employees, in the performance of its functions, may enter upon any land with consent of the property owner or, after ten 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.
(6) In general, the Planning Commission has the powers as may be necessary to enable it to perform its functions and promote the planning of its political jurisdiction.
(C) In the discharge of its responsibilities, the Planning Commission has the power and duty to:
(1) Prepare and revise periodically plans and programs for the development and redevelopment of its area, as provided herein;
(2) Prepare and recommend for adoption to the Town Council as a means for implementing the plans and programs in its area:
(a) Zoning ordinances to include zoning district maps and appropriate revisions thereof, as provided herein;
(b) Regulations for the subdivision or development of land, and appropriate revisions thereof, and to oversee the administration of the regulations that may be adopted, as provided herein;
(c) 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 herein;
(d) A landscaping ordinance setting forth required planting, tree preservation, and other aesthetic considerations for land and structures;
(e) A capital improvements program setting forth projects required to implement plans that 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
(f) Policies or procedures to facilitate implementation of planning element; and
(3) Name or rename streets within the town.
(D) The Planning Commission may purchase equipment and supplies, and may employ or contract for such staff and such experts as it considers necessary and consistent with funds appropriated.
(Ord. passed 1-14-25)
§ 156.1455 ESTABLISHMENT AND MEMBERSHIP OF THE BOARD OF ZONING APPEALS.
(A) Establishment. Pursuant to S.C. Code §§ 6-29-780 et seq., this part establishes a Board of Zoning Appeals (BOZA), composed of seven members appointed by the Mayor and Town Council.
(B) Membership.
(1) It is the declared policy of Town Council that it will consider and appoint only those persons who:
(a) Are residents of the town and have been so for a period of at least one year prior to the appointment; and
(b) Have demonstrated their general knowledge of the community and concern for the welfare of the total community and its citizens.
(2) Members shall represent a broad cross-section of interests and concerns within the town.
(3) Members of the Board shall:
(a) Regularly attend meetings; and
(b) Serve without compensation, except for reimbursement for authorized expenses related to the performance of their duties.
(4) While serving on the Board, a member shall not hold any other public office or position in the Town of Mount Pleasant or Charleston County.
(Ord. passed 1-14-25)
§ 156.1456 POWERS AND DUTIES.
(A) Powers and duties. The Board of Zoning Appeals has all of the powers, duties, and responsibilities set forth in S.C. Code §§ 6-29-780 through 6-29-860, as amended, unless otherwise stated herein. Specifically, the Board 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 an administrative official in the enforcement of the Zoning Code (see Subchapter I, Part 17);
(2) To hear and decide appeals for variance from the requirements of the Zoning Code when strict application of the provisions of the Code would result in unnecessary hardship (see Subchapter I, Part 15);
(3) To permit uses by special exception, (see Subchapter I, Part 9); and
(4) To remand a matter to an administrative official upon motion by a party or the Board's own motion, if the Board determines the record is insufficient for review.
(a) A party's motion for remand may be denied if the Board determines the record is sufficient for review.
(b) The Board must set a rehearing on the remanded matter without further public notice for a time certain within 60 days, unless otherwise agreed to by the parties.
(c) The Board must maintain a list of persons who express an interest in being informed when the remanded matter is set for rehearing, and notice of the rehearing must be mailed to these persons prior to the rehearing.
(B) Exercise of powers and duties.
(1) In exercising the above powers and duties, the Board of Zoning Appeals may:
(a) In conformity with the provisions of this chapter, reverse or affirm, wholly or in part, or modify the order, requirements, decision, determination, and to that end shall have all the powers of the officer from whom the appeal is taken;
(b) Issue or direct the issuance of a permit;
(c) Subpoena witnesses; and,
(d) In case of contempt by a party, witness, or other person before the Board of Zoning Appeals, may certify this fact to the circuit court having jurisdiction. The judge of the court, in open court or in chambers, after hearing, may impose a penalty as authorized by law.
(2) The Chairperson or, in their absence, the Vice-Chairperson may administer oaths and compel the attendance of witnesses by subpoena.
(Ord. passed 1-14-25)
§ 156.1457 FINANCING.
The Town Council may:
(A) Appropriate such monies, otherwise unappropriated, as it considers fit to finance the work of the Board of Zoning Appeals and to generally provide for the enforcement of any zoning regulations and restrictions authorized hereunder that are adopted; and
(B) Accept and expend grants of money for those purposes from either private or public sources, whether local, state, or federal.
(Ord. passed 1-14-25)
§ 156.1465 ESTABLISHMENT AND MEMBERSHIP OF THE DESIGN REVIEW BOARD.
(A) Establishment. Pursuant to S.C. Code §§ 6-29-870 et seq., this part establishes a Design Review Board (DRB), composed of seven members appointed by the Mayor and Town Council.
(B) Membership.
(1) It is the declared policy of the Town Council that it will consider and appoint only those persons who:
(a) Are residents of the town and have been so for a period of at least one year prior to the appointment;
(b) Have demonstrated their professional expertise, knowledge of the community, and concern for the welfare of the total community and its citizens; and
(c) Have a demonstrated interest in, competence in, and knowledge of, architecture, landscape architecture, and urban design.
(2) At least one member of the DRB shall be a state-licensed architect and at least one member shall be a state-licensed landscape architect.
(3) To the extent there are local resources, membership priority may be given, in Council’s sole discretion, to state-licensed landscape architects, state-licensed architects, licensed professional engineers, and licensed general building contractors.
(4) Members of the DRB shall:
(a) Regularly attend meetings of the DRB; and
(b) Serve without compensation, except for reimbursement for authorized expenses related to the performance of their duties.
(5) While serving on the DRB, a member shall not hold any other public office or position in the Town of Mount Pleasant or Charleston County.
(Ord. passed 1-14-25)
§ 156.1466 POWERS AND DUTIES.
(A) The DRB has all the powers, duties, and responsibilities as set forth herein and in S.C. Code §§ 6-29-870 et seq.
(B) It is the duty and power of the DRB to:
(1) Protect and promote the appearance, character, and economic value of commercial development located within the commercial districts and development areas of the town and of apartment complex developments located in residential and mixed use areas of the town;
(2) Review and approve or deny all applications submitted to it for proposed new commercial developments located within the commercial districts and development areas of the town and for proposed new apartment complex developments;
(3) Review and approve or deny all applications submitted to it for major alterations and/or additions to existing commercial developments located within the commercial districts and development areas of the town and for proposed new apartment complex developments;
(4) Review and approve or deny all applications submitted to it for landscape plans proposed by the town or any other public or state agency for public rights-of-way or for publicly-owned property located within the commercial districts and development areas of the town;
(5) Review and approve or deny all applications submitted to it for architectural plans for facilities to be located within designated commercial districts and development areas proposed by the town or any other public or state agency;
(6) Foster civic beauty; and
(7) Strengthen the local economy.
(C) In order to accomplish the above, the DRB has the authority to adjust or modify the building and site design standards of Subchapter H, Parts 2 and 3 as deemed appropriate to the particular project and its individual circumstances.
(D) The DRB’s area of purview is more fully described in Subchapter H.
(Ord. passed 1-14-25)
§ 156.1475 ESTABLISHMENT AND MEMBERSHIP OF THE HISTORIC DISTRICT PRESERVATION COMMISSION.
(A) Establishment. Pursuant to S.C. Code §§ 6-29-870 et seq., as amended, the Historic District Preservation Commission (HDPC), composed of five members appointed by the Mayor and Town Council, was established by Ordinance No. 19062, passed November 12, 2019; having replaced and superseded the previous Old Village Historic District Commission, which was established by Ordinance No. 06052, passed June 21, 2006; having replaced and superseded the previous Town Appearance Commission, which was established by ordinance passed May 5, 1986.
(B) Membership.
(1) It is the declared policy of the Town Council that it will consider and appoint only those persons who:
(a) Have been residents of the town for a period of at least two years prior to appointment;
(b) Reside in the historic districts, except that a member in one of the five seats is not required to reside within an historic district. Each Historic District shall have at least one resident on the HDPC;
(c) Have demonstrated their general knowledge of the community and concern for the welfare of the total community and its citizens; and
(d) Have a demonstrated interest and knowledge of the historic district.
(2) At least one member of the HDPC shall be a professional in architectural history, preservation, history, archaeology, building arts, or any other area of knowledge that would benefit the mission of the Commission and meet the membership requirement of the certified local government program.
(3) In general, and to the extent that there are local resources in the community, members shall be knowledgeable in architecture, architectural history, planning, archeology, history, building arts, and any other areas of knowledge that would benefit the mission of the Commission and community.
(4) Members of the Commission shall:
(a) Regularly attend meetings; and
(b) Serve without compensation, except for reimbursement for authorized expenses related to the performance of their duties.
(5) While serving on the Board, a members shall not hold any other public office or position in the Town of Mount Pleasant or Charleston County.
(Ord. passed 1-14-25)
§ 156.1476 JURISDICTION.
The HDPC shall oversee the Old Village Historic District (see Subchapter B) and any future historic districts established by the town.
(Ord. passed 1-14-25)
§ 156.1477 POWERS AND DUTIES.
(A) Survey and inventory.
(1) Pursuant to the town's historic district Certified Local Government (CLG) status, the Commission may request funding for and authorize a new survey and inventory of properties, or update of a prior inventory, provided that such survey or update is conducted in accordance with professional standards under qualified supervision; and is coordinated with and complementary to those standards of the State Historic Preservation Office; and follows procedures described in the South Carolina State Historic Preservation Program: Survey Manual.
(2) The Commission shall maintain a local survey and inventory of buildings, structures, and sites. These records shall be available to the public.
(3) In addition to maintaining CLG status, the survey and inventory may be used to:
(a) Record the historic architecture of the town;
(b) Study a given area in order to evaluate eligibility for the National Register of Historic Places or district status; or
(c) Monitor change to the architectural fabric of Mount Pleasant.
(4) The 2010 comprehensive survey of the district entitled "A Historic Resources Survey of the Old Village Historic District" shall be the survey referenced for any of the uses listed above.
(B) Designation of historic properties.
(1) The Commission shall review the local survey and inventory and make recommendations for historic designation to the Town Council, based on any of the following criteria:
(a) A property, be it a structure or site, may be designated historic if it was built at least 50 years before the current year, and:
1. Has inherent character, interest, or value as part of the development or heritage of the community, state, or nation;
2. Is the site of an event significant in history;
3. Has an association with a person or persons who contributed significantly to the culture and development of the community, state, or nation;
4. Exemplifies the cultural, political, economic, social, ethnic, architectural, archeological, or historic heritage of the community, state, or nation;
5. Embodies distinguishing characteristics of a type, style, period, or specimen in architecture or engineering;
6. Is the work of a designer whose work has significantly influenced the development of the community, state, or nation;
7. Contains elements of design, detail, materials, or craftsmanship that represent a significant innovation;
8. Is part of or related to a distinctive element of community planning;
9. Represents an established and familiar visual feature of the neighborhood, waterfront, or community;
10. Represents an archeological site, be it a prominent land feature with significance to the development of the historic districts, a prehistory site, or other culturally significant place important to the history of Mount Pleasant, the historic districts, the state, or the nation; or
11. Embodies distinguishing characteristics of a type of land development character through the prevailing patterns of existing lots, densities, spacing of homes, lot sizes and shapes, and other characteristics that exemplify the culture, traditions, beliefs, practices, lifeways, arts, crafts, and social institutions that constitute the heritage of the community;
(b) Ordinarily structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature, and properties that have achieved significance within 50 years before the current year shall not be considered eligible for historic designation. However, such properties may be recommended if they fall within the following categories:
1. A building or structure removed from its original location, but that is significant primarily for architectural value, or that is the surviving structure most importantly associated with a historic person or event;
2. A reconstructed building, when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan, and when no other building or structure with the same association has survived;
3. A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own historical significance; or
4. A property achieving significance within 50 years before the current year if it is of exceptional importance;
(2) The Commission may review properties for historic designation at its discretion or when prompted when a structure or site has achieved 50 years since construction.
(3) Owners of properties recommended for designation shall be provided notice and an opportunity for a public hearing before the Town Council prior to a final decision. Specifically, the owners shall be notified in writing, via certified mail, 30 days before the Town Council's review of the recommendation, and may appear before Town Council to support or oppose the proposed historic designation.
(4) Upon approval of the Town Council, designated districts, district extensions, buildings, structures, and sites shall be preserved and protected under the regulations of this Chapter and the design guidelines referenced in division (G) below.
(5) Property owners who wish to appeal the decision of the Town Council may do so before the courts of the state, as provided in South Carolina Code of Laws.
(C) Creation of new historic districts and the reduction or elimination of existing historic districts.
(1) The Commission has the power to recommend to the Town Council the creation of new historic districts and the reduction or elimination of existing historic districts. The recommendation shall be based upon the properties within the district meeting the criteria specified in division (B) above.
(2) Owners of properties to be included in new or expanded districts or those eliminated from districts shall be notified in writing, via certified mail, 30 days prior to consideration by the Town Council. Owners may appear before the Town Council to voice their opinion on the designation, and may object to the decision of the Town Council to designate their property by filing suit before the courts of the state, as provided in the South Carolina Code of Laws.
(3) Upon approval by the Town Council, newly created historic districts shall be treated as new zoning overlay districts, with regulations and guidelines appropriate for that district and area of the town and shall be under the authority of the HDPC.
(D) Nominations to the National Register of Historic Places.
(1) The Commission may nominate buildings, structures, sites, objects, or districts to the National Register of Historic Places, according to the criteria and registration requirements set forth by the National Park Service which oversees the National Register of Historic Places.
(2) The Commission shall have first review and evaluation of all proposed nominations to the National Register of Historic Places within its jurisdiction, including any that may have been submitted to the State Historic Preservation Office. Owners of properties to be reviewed by the Commission shall be notified in writing, via certified mail, 30 days prior to the Commission's review.
(3) The Commission shall forward all reviewed nominations to the State Historic Preservation Office, with recommendations for consideration by the State Board of Review.
(4) The Commission does not have the authority to nominate properties directly to the National Register of Historic Places; only the State Board of Review and the State Historic Preservation Office has this final review authority.
(E) Identification of historic properties and districts.
(1) The Secretary shall maintain a map illustrating all historic properties as defined herein, which may be amended from time to time as allowed within these provisions.
(2) All locally designated historic districts shall be clearly shown through a written description and map located within each Historic Overlay District.
(F) Design review.
(1) It is the duty of the Commission to review applications regarding moving, demolition, new construction, exterior alteration, building additions, site alterations, hardscaping, walkways, driveways, patios, walls, fences, and docks in the Old Village Historic District.
(2) This review shall follow established criteria (see Subchapter I, Part 13) in accordance with approved design guidelines (see division (G) below).
(G) Design guidelines.
(1) In order to accomplish the design review as provided in division (F) above, the Commission shall adopt design guidelines.
(2) Such design guidelines, and any subsequent amendments thereto, shall be published and made available to the public. The Old Village Historic District Guidelines are available on the town’s website.
(3) Amendments to design guidelines take effect at the second regularly scheduled monthly meeting of the HDPC following the approval.
(4) The Commission shall readopt design guidelines at their first regularly scheduled meeting of each year.
(Ord. passed 1-14-25)
§ 156.1478 PROFESSIONAL ADVISOR.
(A) The Commission may consult with an architect, architectural historian, a person with an expertise in the building arts, or any other professional on an as-needed basis to receive professional advice.
(B) This advisor may be appointed by Town Council at the request of the Commission.
(Ord. passed 1-14-25)
§ 156.1485 ESTABLISHMENT AND MEMBERSHIP OF THE HISTORICAL COMMISSION.
(A) Establishment.
(1) This part establishes a Historical Commission, composed of seven members appointed by the Mayor and Town Council.
(2) The Historical Commission was originally created on January 10, 1989 and was reconstituted in accordance with the South Carolina Local Government Comprehensive Planning Enabling Act of 1994.
(B) Membership. It is the declared policy of Town Council that it will consider and appoint only those persons who:
(1) Are residents of the town and have been so for a period of at least one year prior to the appointment; and
(2) Have demonstrated their general knowledge of the community and concern for the welfare of the total community and its citizens.
(3) Members of the Commission shall:
(a) Regularly attend meetings; and
(b) Serve without compensation, except for reimbursement for authorized expenses related to the performance of their duties.
(4) While serving on the Commission, a member shall not hold any other public office or position in the Town of Mount Pleasant or Charleston County.
(Ord. passed 1-14-25)
§ 156.1486 PURPOSE.
The Historical Commission’s purpose is to:
(A) Promote local history and historical areas through educational programs and activities.
(B) Preserve, protect, and promote the integrity of properties significant in local history, architecture, archaeology, engineering, economics, transportation, and culture; and
(C) Initiate, encourage, and maintain local historical preservation efforts in coordination with community desires and the Comprehensive Plan.
(Ord. passed 1-14-25)
§ 156.1487 JURISDICTION.
The Commission's jurisdiction applies to all real property within the municipal limits of the town, including all future annexations.
(Ord. passed 1-14-25)
§ 156.1488 POWERS AND DUTIES.
In furtherance of § 156.1486, the Commission has the following powers and duties:
(A) Official map. To prepare and maintain revisions of an official map, locating the position of historical and cultural sites within the town;
(B) Public educational programs and promotion of historical areas. To promote local history and the use and enjoyment of historical areas through lectures, exhibits, publications, special events and programs;
(C) Historical marker program. To promote local sites, events, and persons through the historical marker program;
(D) Mount Pleasant special collection. To establish a special collection for the purpose of collecting, cataloging, and preserving information about the history of the town and its residents; and
(E) History-related tourism. To provide advice, recommendations, and assistance regarding history-related tourism.
(F) Monuments and memorials. To evaluate and recommend the approval or denial of applications for non-town-sponsored and town-sponsored large memorials and monuments at town parks or on town property, in accordance with § 43.02.
(Ord. passed 1-14-25)
§ 156.1495 ESTABLISHMENT AND MEMBERSHIP.
(A) Establishment. This subpart recognizes that, from time to time, it may be desirable or necessary to establish commissions for special purposes, composed of members appointed by the Mayor and Town Council. These special purpose or advisory commissions may be established by resolution of the Town Council
(B) Membership. The number of members and any special composition of membership shall be specified in the resolution creating the Advisory or Special Purpose Commission.
(Ord. passed 1-14-25)
§ 156.1496 PURPOSE.
The purpose shall be specified in the resolution creating the Advisory or Special Purpose Commission.
(Ord. passed 1-14-25)
§ 156.1497 GENERAL PROVISIONS.
Unless otherwise specified in the resolution creating the Advisory or Special Purpose Commission, the term of office and other general provisions shall be consistent with Subchapter J, Part 3, Subpart 3.1 for as long as the Advisory or Special Purpose Commission is authorized.
(Ord. passed 1-14-25)
§ 156.1498 POWERS AND DUTIES.
The powers and duties shall be specified in the resolution creating the Advisory or Special Purpose Commission.
(Ord. passed 1-14-25)
