Sullivans Island City Zoning Code
ARTICLE XI
HP HISTORIC PRESERVATION OVERLAY DISTRICT
Sec. 21-90. Statement of purpose and findings.
A. The HP Historic Preservation Overlay District is designed to protect properties that have been determined architecturally, archaeologically, culturally or historically significant to the Town of Sullivan’s Island, South Carolina. The Town Council finds that the historic, architectural, cultural, and aesthetic features of the Town represent valuable resources of the Town. Therefore, it is hereby declared that the purpose of this Article to be known as the HP Historic Preservation Overlay District shall be as follows:
(1) To promote the designation of historic properties, landmarks, and contributing structures and the creation of historic overlay districts for the educational, cultural, economic and general welfare of the public;
(2) To preserve, protect and enhance those structures and area that reflect outstanding elements of the Town’s cultural, architectural, historic or other heritage;
(3) To promote the Island’s outstanding historic or architectural structures by providing civic pride on the history and accomplishment of the past;
(4) To promote the sound and orderly preservation of historic areas as a whole, and of the individual properties therein for the education, pleasure and enrichment of all citizens; and
(5) To enhance property values within historic areas.
B. It is the Town of Sullivan’s Island desire that by encouraging a general harmony of style, form, proportion and material between buildings of historic design and those of contemporary design, the Town’s historic buildings and historic area will continue to be a distinctive aspect of the Town of Sullivan’s Island and will serve as visible reminders of its significant historical and cultural heritage and that of the State of South Carolina.
Sec. 21-91. HP Overlay District applicability.
The HP Historic Preservation Overlay District is intended to be an overlay zoning district, and the regulations imposed by such district shall be in addition to the regulations of the underlying zoning district applicable to the subject Lot or area. All provisions of this Article, including the definitions contained therein shall be applicable to this district.
Sec. 21-92. Role of design review board.
A. In accordance with SC Title 6, Chapter 29-870, local governments that enact a Zoning Ordinance which makes specific provision for the preservation and protection of historic and architecturally valuable districts and neighborhoods by means of restriction and conditions governing the right to erect, demolish, remove in whole or in part, or alter the exterior appearance of all buildings or structures within the areas, may provide for appointment of a board to oversee these responsibilities.
B. The Design Review Board shall be responsible for oversight of the HP Historic Preservation Overlay District.
C. The Design Review Board shall work with the Planning Commission and the Town Council to effect the creation and maintenance of HP Overlay Districts.
Sec. 21-93. Definitions.
For the purpose of this Article, the following terms shall have the meaning as indicated.
Board. The Design Review Board of the Town of Sullivan’s Island.
Certificate of Appropriateness. The official document issued by the Design Review Board, approving and/or concurring in any application for permit for erection, demolition, moving, reconstruction, restoration or alteration of any structure designated historic property.
Historic District. An area, designated by the Town Council pursuant to the provisions of this Article. The District may contain one or more significant historic structures and landmarks and may have within its boundaries other property or structures that are not of such historic and/or architectural significance to be designated as landmarks, nevertheless, contribute to the overall visual characteristics of the District.
Historic Property. Any place (including an archaeological site or the location of a significant historical event), building, structure, work of art, fixture or similar object that has been individually designated by the Town Council of Sullivan’s Island, within or without an Historic District, or designated as a contributing property within a historic district.
National Register of Historic Places. The national list of districts, sites, buildings, structures, and objects significant in American history, architecture, archeology, engineering, or culture, maintained by the Secretary of the Interior under authority of the National Historic Preservation Act, as amended.
Ordinary Maintenance and Repairs. Any work on which a Building Permit or any other Town permit or certificate is not required and where the purpose is stabilization, and further, where such work will not noticeably change the exterior appearance of the resource. Any work not satisfying all of the above requirements shall not be considered ordinary maintenance and repair.
Sec. 21-94. Historic property designation criteria.
A.
Upon the effective date of this ordinance, historic properties shall be those so designated previously by this chapter of the Town Ordinance as in effect immediately prior to the effective date of this Ordinance including Articles XI and XII as adopted on August 17, 2004 subject to any appropriate changes approved by the Design Review Board subsequent thereto. Those historic properties were those depicted as “Sullivan’s Island Landmarks” and “Traditional Island Resources” on the map entitled “Historic Resources of Sullivan’s Island South Carolina Field Evaluation Map”, revised June 30, 2003, and also those identified on a list of properties entitled “Sullivan’s Island Historic Resource Designation Study List”, dated September 24, 2003, as Number One “Sullivan’s Island Landmarks” and Number Two “Traditional Island Resources”, both map and list prepared by Schneider Historic Preservation, LLC, and which are specifically incorporated herein by reference.
B. The Town Council, Planning Commission, the Design Review Board or owners of one or more Lots of land within an area may propose additions to or deletions from the list of designated historic properties. If initiated by the property owners, the application shall be made upon forms or pursuant to standards set by the Design Review Board for this purpose.
C. The Design Review Board shall determine whether a property shall be designated an historic property or shall no longer be considered an historic property.
1. If the Town Council, Planning Commission or Design Review Board proposes an addition to the list of historic properties, the property proposed shall be subject to and controlled by the Town’s ordinances governing designated historic properties from the time of such proposal until final determination by the Design Review Board. (3-18-08)
2. The final determination provided above will be accomplished within a reasonable time frame. (3-18-08)
D. In determining whether a property should be designated an historic property, it should be considered whether the property:
(1) Has significant inherent character, interest, or value as part of the development or heritage of the Town, state, or nation;
(2) Is the site of an event significant in history;
(3) Is associated with a person or persons who contributed significantly to the culture and development of the Town, state, or nation;
(4) Exemplifies the cultural, political, economic, social, ethnic, or historic heritage of the Town, state, or nation;
(5) Individually, or as a collection of resources, embodies distinguishing characteristics of a type, style, period, or specimen in architecture or engineering;
(6) Contains elements of design, detail, materials, or craftsmanship which represent a significant innovation;
(7) Represents an established and familiar visual feature of a neighborhood or the Town; or
(8) Has yielded, or may be likely to yield, information important in pre-history or history.
E. Owner notification. Owners of property proposed to be designated as historic or to be no longer designated as historic shall be notified in writing thirty (30) days prior to consideration by the Design Review Board. Owners may appear before the Design Review Board to voice approval or opposition to such designation and inclusion. Objections shall be based on procedural nonconformities in the designation process or on the misapplication of the criteria for designation as specified in this Ordinance.
Sec. 21-95. Creation or modification of HP Overlay District.
A.
Upon the effective date of this Ordinance, the districts shall be those so designated previously by Chapter 21 of the Town Ordinance as in effect immediately prior to the effective date of this Ordinance including Articles XI and XII as adopted on August 17, 2004 subject to any appropriate changes approved by the Design Review Board subsequent thereto. The initial boundaries of the district were those shown as “Potential National Register or Local Historic District” on the map entitled “Historic Resources of Sullivan’s Island South Carolina Field Evaluation Map”, revised June 30, 2003, prepared by Schneider Historic Preservation, LLC, and which is specifically incorporated herein by reference. Upon the effective date of Article XI and Article XII, the Design Review Board will be vested with the authority to make recommendations to add or delete districts or to change the boundaries of districts.
B. The Town Council, Planning Commission, the Design Review Board or owners of one or more Lots of land within an area may propose the creation or modification of an HP Overlay District. If initiated by the property owners, the application shall be made upon forms or pursuant to standards set by the Design Review Board for this purpose.
C. The procedure for creating or amending an HP Overlay District applicable to an area of the Sullivan’s Island shall be the same as for any other zoning amendment, provided that, if the proposal for creating a HP Overlay District does not originate with the Design Review Board, the proposal shall be forwarded to the Design Review Board for its review and comment prior to the holding of a public hearing by the Planning Commission.
D. The proposal shall include a rationale for the designation or modification of the proposed HP Overlay District related, to the maximum extent practicable, to the Historic Property Designation Criteria as set forth in Section 21-94.
E. Findings. In recommending the application of the HP Overlay District to an area of Sullivan’s Island, the Design Review Board or other recommending body shall express findings regarding the specific structures, landscapes or other physical aspects of the proposed HP Overlay District on which it bases the determination required by the criteria in Section 21-94. Where the designation is made based on the general character of the proposed district, these findings may include, but shall not necessarily be limited to:
(1) Height, scale or mass of buildings and structures typical of the area;
(2) Architectural style(s) and periods typical of the area;
(3) Building materials and colors typical of the area;
(4) Landscapes typical of the area;
(5) Typical relationships of buildings to the landscapes or to the streets in the area;
(6) Setbacks and other physical patterns of building in the area;
(7) Typical patterns of rooflines of buildings in the area; and/or
(8) Typical patterns of porch and entrance treatments of buildings in the area or height and mass of the buildings.
F. The proposal for creation or amending of the HP Overlay District shall include a map and legal description of the area and addresses of properties to be included.
G. Owners of property proposed to be included in or removed from an HP Overlay District shall be notified in writing thirty (30) days prior to consideration by the Design Review Board. Owners may appear before the Design Review Board to voice approval or opposition to such changes. Objections shall be based on procedural nonconformities or to misapplication of the criteria specified in this ordinance.
H. The Design Review Board shall complete its review of the HP Overlay District and shall forward its recommendation regarding any proposed deletion, addition or change to the HP Overlay District to the Planning Commission.
I. The Design Review Board shall hold an open meeting or public hearing on the proposed HP Overlay District. The process for notice and public hearing shall be the same as that for notice and a hearing before the Planning Commission.
J. The Design Review Board shall recommend to the Planning Commission that:
(1) The proposal to create the HP Overlay District for the proposed area of the Town be approved;
(2) The proposal be approved subject to specified conditions; or,
(3) The proposal be denied.
K. Maintenance of inventory and map.
Where a HP Overlay District is created, it shall be given a unique name that shall include the words “Historic Preservation” and shall be used to identify it on the map and in the Zoning Ordinance.
Sec. 21-96. Effect of creation of HP Overlay District.
The creation of a HP Overlay District shall have the following effects:
A. The regulations of the HP Overlay District shall be applicable to all designated properties within and without the district;
B. Because it is an overlay district, the regulations for the underlying zoning district shall remain in effect, except as provided in the next paragraph;
C. In case of any conflict between the regulations applicable in the underlying district and the regulations of the HP Overlay District, the regulations of the HP Overlay District shall apply, even where the applicable regulation may not be the higher standard;
D. The findings adopted by the Town Council, in accordance with the previous section, shall define the scope of the Town’s interest in protecting the historic resource and shall provide the guidelines to be used by the Design Review Board, along with the applicable regulations, in considering whether to grant or deny a Certificate of Appropriateness within the district; and,
E. Nothing in this Article shall be construed as reason for an increased evaluation of property for purposes of ad valorem taxation because of historic designation.
Sec. 21-97. Certificate of appropriateness.
A. When Required.
(1) A Certificate of Appropriateness shall be required before the commencement of work upon any historic property or on any building or structure located within the HP Overlay District.
(2) A Certificate of Appropriateness for such work includes the erection, reconstruction, restoration or alteration of the exterior of any structure or site, except when such work satisfies all the requirements of ordinary maintenance and repair as defined in this Article.
(3) Neither a Certificate of Zoning Compliance nor a Building Permit shall be issued within the HP Overlay District until the Design Review Board has approved a Certificate of Appropriateness.
B. Procedures.
(1) An application shall be completed for a Certificate of Appropriateness in accordance with the Design Review Board’s submittal requirements. An application shall not be considered complete until all the required data have been submitted. The application for a Certificate of Appropriateness shall be filed with the Zoning Administrator. The Zoning Administrator shall forward to the Design Review Board the complete application for a Certificate of Appropriateness, accompanied by an application for a Certificate of Zoning Compliance.
(2) The applicant shall be informed of the hearing date at which the applications for a Certificate of Appropriateness shall be considered. The applicant shall have the right to be heard and may be accompanied or represented by counsel and/or one or more construction or design professionals at the hearing.
(3) After hearing the applicant, and any others wishing to speak, the Board shall take one of the following actions:
(a) Approve the application for a Certificate of Appropriateness;
(b) Place conditions on the application and approve a Conditional Certificate of Appropriateness; or
(c) Deny the application for Certificate of Appropriateness.
(4) In the case of the disapproval of plans by the Design Review Board, the Board shall state in writing the reasons for such disapproval and may include suggestions in regard to actions the applicant might take to secure the approval of the Board concerning future issuance of a Certificate of Appropriateness.
(5) Work performed pursuant to the issuance of a Certificate of Appropriateness shall conform to the requirements of such Certificate, if any. It shall be the duty of the Building Official to inspect from time to time any work performed pursuant to a Certificate of Appropriateness to assure such compliance.
(6) It shall be the responsibility of the Zoning Administrator to issue the actual Certificate of Appropriateness, with any designated conditions, and to maintain a copy of the Certificate of Appropriateness, together with the proposed plans. These shall be public documents for all purposes.
C. Criteria for certificate of appropriateness. The Board shall determine whether to grant a Certificate of Appropriateness based on the following:
(1) Consistency of the proposed work with the applicable HP Overlay District regulations;
(2) Consistency of the proposed work with the regulations of the underlying zoning district;
(3) Consistency of the proposed work with the findings adopted by the Town Council in designating HP Overlay District;
(4) For an historic property, consistency of the proposed work with the findings in designating it a historic structure, or comparable record of findings from a state or federal listing; and
(5) For an historic property, consistency with the following ten preservation standards, and the most recent version of the Secretary of the Interior’s Standards for the Treatment of Historic Properties: Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings:
(a) Using a property as it was used historically or giving a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships;
(b) Retaining and preserving the historic character of a property; avoidance of the removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property;
(c) Avoiding changes that create a false sense of historical development, such as adding conjectural features or elements from other buildings;
(d) Retaining and preserving changes to a property that have acquired historic significance in their own right;
(e) Preserving distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property;
(f) Repairing rather than replacing deteriorated historic features; or where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture, and, where possible, materials;
(g) Utilizing the gentlest means of chemical or physical treatments;
(h) Protecting and preserving the archeological resources in place, and if disturbing, mitigation measures will be undertaken;
(i) Not destroying historic materials, features, and spatial relationships that characterize the property; differentiating the new work from the old and making it compatible with the historic materials, features, size, scale, and proportion, and massing to protect the integrity of the property and its environment; and,
(j) Undertaking new construction in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
(Ord. 2017-1, passed 6-20-2017)
D. Notification of affected property owners. Prior to the issuance of an approval or denial of a Certificate of Appropriateness, the Board shall inform the owners of any property likely to be materially affected by the application, and shall give the applicant and such owners an opportunity to be heard.
E. Staff Approval of Minor Refinements. (7/21/09) Notwithstanding provisions to the contrary in this chapter, the Zoning Administrator or his/her designee may modify Certificates of Appropriateness previously approved by the Design Review Board for minor refinements as allowed in Section 21-109(F)(9 and 10). (7/21/09)
Sec. 21-98. Certificate of appropriateness for moving, demolition or removal.
No designated historic property within or without any HP Overlay District shall be demolished, moved or removed unless such demolition, moving or removal shall be approved by the Design Review Board and a Certificate of Appropriateness for Demolition, Moving or Removal shall be granted. The procedure for issuance of a Certificate of Appropriateness for Demolition, Moving or Removal shall be the same as for the issuance of other Certificates of Appropriateness with the following modifications:
A. After the hearing, the Design Review Board may approve the Certificate of Appropriateness for Demolition, Moving or Removal thereby authorizing the demolition moving or removal, or the Board may deny the Certificate of Appropriateness for Demolition Moving or Removal, or postpone the demolition or removal for a period not to exceed sixty (60) days.
B. In determining whether to issue a Certificate of Appropriateness, the Board shall consider the following criteria, in addition to the other criteria above:
(1) The contribution which the structure makes to the historic and architectural nature of the town, individually and/or in its relation to other structures and properties in the area.
(2) The condition of the structure from the standpoint of structural integrity and the extent of work necessary to stabilize the structure; and,
(3) The economically viable alternatives available to the demolition.
Sec. 21-99. Property owned by public agencies.
The requirements, provisions, and purposes of this Article apply to all property owned by the Town or any other public agency; provided, however, designation pursuant to this Article shall not affect the validity of prior actions of the Town Council approving plans, programs, or authorizations for public trusts, agencies or authorities of the Town without an express amendment of such plan, program or authority.
Sec. 21-100. Maintenance, repair, and interior projects.
A. Nothing in this Article shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature of structures designated as historic when that repair does not involve a change in design, material, or outer appearance of the structure.
B. The Board shall not consider the interior arrangements or alterations to the interior of a building unless they have an impact on the exterior appearance of the building or unless the interior of a public building or the public space of a private building is specifically described and designated as historic.
C. The Board may authorize a Town staff or a Board member or subcommittee to approve minor projects involving repairs and ordinary maintenance that do not alter design, materials, or the outer appearance of a structure or interior projects not subject to design review.
Sec. 21-101. Fines and penalties.
The system of fines applied by the Town of Sullivan’s Island for violation of the building code will apply to violations of this Article or other relevant sections of this Zoning Ordinance.